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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE
(735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/17-102
(735 ILCS 5/17-102) (from Ch. 110, par. 17-102)
Sec. 17-102.
Complaint.
The verified complaint shall particularly describe the premises sought to be
divided, and shall set forth the interests of all parties interested
therein, so far as the same are known to the plaintiffs, including
tenants for years or for life, and of all persons entitled to the
reversion, remainder or inheritance, and of every person who, upon any
contingency, may be or become entitled to any beneficial interest in the
premises, so far as the same are known to the plaintiffs, and shall ask
for the division and partition of the premises according to the
respective rights of the parties interested therein, or, if a division
and partition of the same cannot be made without manifest prejudice to
the owners, that a sale thereof be made and the proceeds divided
according to the respective rights of the parties.
(Source: P.A. 82-280.)
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735 ILCS 5/17-103
(735 ILCS 5/17-103) (from Ch. 110, par. 17-103)
Sec. 17-103.
Parties defendant.
Every person having any interest, whether
in possession or
otherwise, who is not a plaintiff shall be made a defendant in such
complaint.
(Source: P.A. 82-280.)
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735 ILCS 5/17-104
(735 ILCS 5/17-104) (from Ch. 110, par. 17-104)
Sec. 17-104.
Unknown parties.
When there are any persons interested
in the premises whose
names are unknown, or the share or quantity of interest of any of the
parties is unknown to the plaintiff, or such share or interest is
uncertain or contingent, or the ownership of the inheritance depends
upon an executory devise, or the remainder is contingent, so that such
parties cannot be named, it shall be so stated in the verified complaint.
(Source: P.A. 82-280.)
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735 ILCS 5/17-105
(735 ILCS 5/17-105) (from Ch. 110, par. 17-105)
Sec. 17-105. Judgment. The court shall ascertain and declare the rights, titles and
interest of all the parties in such action, the plaintiffs as well as the
defendants, and shall enter judgment according to the rights of the
parties. After entry of judgment adjudicating the rights, titles, and interests of the parties, the court upon further hearing shall determine whether or not the premises or any part thereof can be divided among the parties without manifest prejudice to the parties in interest. If the court finds that a division can be made, then the court shall enter further judgment fairly and impartially dividing the premises among the parties with or without owelty. If the court finds that the whole or any part of the premises sought to be partitioned cannot be divided without manifest prejudice to the owners thereof, then the court shall order the premises not susceptible of division to be sold at public sale in such manner and upon such terms and notice of sale as the court directs. If the court orders the sale of the premises or any part thereof, the court shall fix the value of the premises to be sold. No sale may be approved for less than two-thirds of the total amount of the valuation of the premises to be sold. If it appears to the court that any of the premises will not sell for two-thirds of the amount of the valuation thereof, the court upon further hearing may either revalue the premise and approve the sale or order a new sale.
(Source: P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-106
(735 ILCS 5/17-106) (from Ch. 110, par. 17-106)
Sec. 17-106. Appointment of commissioner and surveyor.
The court in its discretion, sua sponte, or on the motion of any interested party, may appoint a disinterested commissioner who, subject to direction by the court, shall report to the court in writing under oath as to whether or not the premises are subject to division without manifest prejudice to the rights of the parties and, if so, report how the division may be made. The court may authorize the employment of a surveyor to carry out or assist in the division of the premises. The fees and expenses of the commissioner and of the surveyor and the person making the sale shall be taxed as costs in the proceedings.
(Source: P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-107
(735 ILCS 5/17-107) (from Ch. 110, par. 17-107)
Sec. 17-107.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-108
(735 ILCS 5/17-108) (from Ch. 110, par. 17-108)
Sec. 17-108.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-109
(735 ILCS 5/17-109) (from Ch. 110, par. 17-109)
Sec. 17-109.
(Repealed).
(Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)
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735 ILCS 5/17-110
(735 ILCS 5/17-110) (from Ch. 110, par. 17-110)
Sec. 17-110.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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